Colorado § 24-50-301 - Status while in military service.

§ 24-50-301. Status while in military service.

Whenever any officer or employee of this state in the state personnel system under the provisions of section 13 of article XII of the state constitution and laws and rules and regulations pursuant thereto enters active military service, including active service for training purposes, with the armed forces of the United States or other branch of service engaged in the national defense, such officer or employee shall retain all state personnel system rights and privileges and shall retain such status in the state personnel system as held by him at the time of entering the armed forces, with the seniority and promotional rights and benefits provided for in section 24-50-302.

Source: L. 72: R&RE, p. 179, § 1. C.R.S. 1963: § 26-2-1. L. 73: p. 425, § 13.

ANNOTATION

Provisions applicable regardless of whether or not war or national emergency exists. The provisions of this section and § 24-50-302 are operative at all times as to state civil service employees who enter military service, regardless of whether or not there exists a war or other national emergency. Civil Serv. Comm'n v. Fleming, 183 Colo. 71, 514 P.2d 1135 (1973).

Voluntariness of military service is irrelevant. This section was enacted to protect the personnel system status of employees of the state, including those in its law enforcement agencies, during periods of engagement in the armed forces of the United States, and it extends equal protection to all who enter, whether by enlistment or induction. Hanebuth v. Patton, 115 Colo. 116, 170 P.2d 526 (1946).

Public employee is not allowed to voluntarily make military career. This section and § 24-50-302 do not allow any former public employee to voluntarily make a career in the military service until retirement therefrom and then, after the termination of his self-chosen military career, to return to state employment and be awarded all the rights and privileges that would have accrued if he had never left his state civilian employment. Civil Serv. Comm'n v. Fleming, 183 Colo. 71, 514 P.2d 1135 (1973).

Reinstatement is contingent upon returning within year after service. Reinstatement is contingent upon the employee returning to state employment within one year after the period of initial service or additional service imposed by law. Civil Serv. Comm'n v. Fleming, 183 Colo. 71, 514 P.2d 1135 (1973).